JAC16122

S.L.C.

114TH CONGRESS
2D SESSION

S. ll

To require the Secretary of the Interior to carry out a 5-year demonstration

program to provide grants to eligible Indian tribes for the construction
of tribal schools, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll
Mr. TESTER (for himself and Ms. CANTWELL) introduced the following bill;
which was read twice and referred to the Committee on
llllllllll

A BILL
To require the Secretary of the Interior to carry out a
5-year demonstration program to provide grants to eligible Indian tribes for the construction of tribal schools,
and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3
4

SECTION 1. SHORT TITLE.

This Act may be cited as the Safe Academic Facili-

5 ties and Environments for Tribal Youth Act or the

6 SAFETY Act.
7

SEC. 2. DEFINITIONS.

In this Act:

JAC16122

S.L.C.

2
1
2

(1) DEPARTMENT.The term Department

means the Department of the Interior.

3
4

(2) INDIAN.The term Indian means a

member of an Indian tribe.

(3) INDIAN

TRIBE.The

term Indian tribe

has the meaning given the term in section 4 of the

Indian Self-Determination and Education Assistance

Act (25 U.S.C. 450b).

9
10
11

(4) SECRETARY.The term Secretary means

the Secretary of the Interior.
SEC. 3. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION

12
13

PROGRAM.

(a) DEFINITIONS.In this section:

14

(1) CONSTRUCTION

OF REPLACEMENT TRIBAL

15

SCHOOL.The

16

tribal school includes the construction or renovation

17

of

term construction of a replacement

18

(A) 1 or more facilities of that school; or

19

(B) the entire campus of that school.

20

(2) DEMONSTRATION

PROGRAM.The

term

21

demonstration program means the Tribal School

22

Construction Demonstration Program carried out

23

under subsection (b).

24
25

(3) ELIGIBLE

INDIAN TRIBE.The

term eligi-

ble Indian tribe means an Indian tribe that submits

JAC16122

S.L.C.

3
1

an application that is approved by the Secretary

under subsection (b)(4).

3
4
5
6

(4) TRIBAL

SCHOOL.The

term tribal school

means
(A) a school operated by the Bureau of Indian Affairs;

(B) a school operated pursuant to the In-

dian Self-Determination and Education Assist-

ance Act (25 U.S.C. 450 et seq.); and

10

(C) a tribally controlled school (as defined

11

in section 5212 of the Tribally Controlled

12

Schools Act of 1988 (25 U.S.C. 2511)).

13
14

(b) DEMONSTRATION PROGRAM.

(1) IN

GENERAL.The

Secretary shall carry

15

out a demonstration program to be known as the

16

Tribal School Construction Demonstration Pro-

17

gram for fiscal years 2017 through 2021, to pro-

18

vide grants to eligible Indian tribes for the construc-

19

tion of replacement tribal schools.

20
21

(2) PURPOSES.The purposes of the demonstration program shall be

22

(A) to provide additional Indian tribes fair

23

opportunities to construct replacement tribal

24

schools;

JAC16122

S.L.C.

4
1
2

(B) to accelerate construction of needed

educational facilities in Indian country; and

(C) to permit additional funds to be pro-

vided for the priority list of the Department for

construction of replacement tribal schools.

(3) GRANT

RECIPIENTS.

(A) IN

GENERAL.In

carrying out the

demonstration program, subject to the avail-

ability of appropriations, the Secretary shall

10

award a grant to each eligible Indian tribe.

11

(B) PRIORITY.The Secretary shall en-

12

sure that an eligible Indian tribe currently on

13

the priority list of the Department for construc-

14

tion of replacement tribal schools receives the

15

highest priority for a grant under this section.

16

(4) GRANT

17

APPLICATIONS.An

application for

a grant under the section shall

18

(A) include a proposal for the construction

19

of a replacement tribal school of the Indian

20

tribe that submits the application; and

21

(B) be in such form as the Secretary deter-

22

mines appropriate.

23

(5) GRANT

24

AGREEMENT.As

a condition of re-

ceiving a grant under this section, the eligible Indian

JAC16122

S.L.C.

5
1

tribe shall enter into an agreement with the Sec-

retary that specifies

(A) the costs of construction under the

grant;

(B) that the Indian tribe shall be required

to contribute towards the cost of the construc-

tion a tribal share equal to at least 25 percent

of the cost; and

(C) any other term or condition that the

10
11

Secretary determines to be appropriate.

(c) EFFECT

OF

GRANT.A grant received under this

12 section
13

(1) shall be in addition to any other funds re-

14

ceived by an Indian tribe under any other provision

15

of law; and

16

(2) shall not affect the eligibility of an Indian

17

tribe receiving funding, or the amount of funding re-

18

ceived by the Indian tribe, under

19
20

(A) the Tribally Controlled Schools Act of

1988 (25 U.S.C. 2501 et seq.); or

21

(B) the Indian Self-Determination and

22

Education Assistance Act (25 U.S.C. 450 et

23

seq.).

24

(d) REPORT.At the conclusion of the demonstration

25 program, the Secretary shall submit to Congress a report

JAC16122

S.L.C.

6
1 on whether the demonstration program has achieved the
2 purposes of the demonstration program, as described in
3 subsection (b)(2).
4

SEC. 4. FUNDING FOR TRIBAL COLLEGES CONSTRUCTION.

Section 113 of the Tribally Controlled Colleges and

6 Universities Assistance Act of 1978 (25 U.S.C. 1813) is

7 amended to read as follows:
8

SEC. 113. CONSTRUCTION OF NEW FACILITIES.

(a) DEFINITIONS.In this section:

10

(1) CONSTRUCTION.The term construction

11

includes any effort to address the facility construc-

12

tion, maintenance, renovation, reconstruction, and

13

replacement needs of a Tribal College or University.

14

(2) TRIBAL

COLLEGE OR UNIVERSITY.The

15

term Tribal College or University has the meaning

16

given the term in section 316(b) of the Higher Edu-

17

cation Act of 1965 (20 U.S.C. 1059c(b)).

18

(b) GRANTS.With respect to any eligible Tribal

19 College or University that identifies a need for construc20 tion, the Secretary shall, subject to the availability of ap21 propriations, provide grants for the construction in ac22 cordance with this section.
23

(c) APPLICATION.Each eligible applicant desiring

24 a grant under this section shall submit an application to

JAC16122

S.L.C.

7
1 the Secretary at such time, in such manner, and con2 taining such information as the Secretary may require.
3

(d) ELIGIBLE ACTIVITIES.Activities eligible for a

4 grant under this section shall be activities that address

5 a wide variety of facilities and infrastructure needs, in6 cluding
7

(1) building of new facilities, including

(A) classrooms;

(B) administrative offices;

10

(C) libraries;

11

(D) health and cultural centers;

12

(E) day care centers;

13

(F) technology centers; and

14

(G) other education-related facilities;

15

(2) renovating or expanding existing or ac-

16
17
18

quired facilities;
(3) providing existing facilities with equipment, including

19

(A) laboratory equipment;

20

(B) computer infrastructure and equip-

21

ment;

22

(C) library books; and

23

(D) furniture; and

24

(4) property acquisition.

JAC16122

S.L.C.

8
1

(e) NO MATCHING REQUIREMENT.A recipient of

2 a grant under this section shall not be required to make

3 a matching contribution for Federal amounts received.
4

(f) AUTHORIZATION

OF

APPROPRIATIONS.There

5 is authorized to be appropriated to carry out this section

6 $5,000,000 for each of fiscal years 2017 through 2021..
7
8
9

SEC.

5.

HOUSING

ASSISTANCE

FOR

EDUCATORS

IN

SCHOOLS WITH INDIAN STUDENTS.

Title V of the Housing Act of 1949 (42 U.S.C. 1471

10 et seq.) is amended by adding at the end the following:

11
12
13

SEC. 545. HOUSING ASSISTANCE FOR EDUCATORS IN

SCHOOLS WITH INDIAN STUDENTS.

(a) DEFINITIONS.In this section

14

(1) the term covered educator means an indi-

15

vidual who is employed full-time as a teacher, prin-

16

cipal, administrator, or other licensed professional

17

educator by a covered school;

18
19
20

(2) the term covered school means

(A) a school operated by the Bureau of
Indian Affairs;

21

(B) a school operated pursuant to the In-

22

dian Self-Determination and Education Assist-

23

ance Act (25 U.S.C. 450 et seq.);

JAC16122

S.L.C.

9
1

(C) a tribally controlled school (as defined

in section 5212 of the Tribally Controlled

Schools Act of 1988 (25 U.S.C. 2511)); and

(D) a public elementary school or sec-

ondary school in which not less than 25 percent

of the students are Indian students;

(3) the terms elementary school and sec-

ondary school have the meanings given those terms

in section 8101 of the Elementary and Secondary

10
11

Education Act of 1965; and

(4) the term eligible applicant means

12

(A) an Indian tribe (as defined in section

13

4 of the Indian Self-Determination and Edu-

14

cation Assistance Act (25 U.S.C. 450b));

15

(B) an Indian organization (as defined in

16

section 1141 of the Education Amendments of

17

1978 (25 U.S.C. 2021)); or

18

(C) a tribally designated housing entity

19

(as defined in section 4 of the Native American

20

Housing Assistance and Self-Determination Act

21

of 1996 (25 U.S.C. 4103)).

22

(b) GRANT PROGRAM.The Secretary may award

23 grants to eligible applicants to construct, including by re24 constructing, renovating, and repairing, and provide hous25 ing to covered educators in rural areas.

JAC16122

S.L.C.

10
1

(c) APPLICATION.Each eligible applicant desiring

2 a grant under this section shall submit an application to

3 the Secretary at such time, in such manner, and con4 taining such information as the Secretary may require.
5

(d) NON-FEDERAL SHARE.A recipient of a grant

6 under this section shall not be required to obtain or pro7 vide a non-Federal share in order to receive assistance
8 under this section.
9

(e) AUTHORIZATION

OF

APPROPRIATIONS.There

10 is authorized to be appropriated to the Secretary to carry

11 out this section $5,000,000 for fiscal year 2017 and each
12 fiscal year thereafter..
13
14

SEC. 6. BIE AND OMB PLAN.

(a) IN GENERAL.The Bureau of Indian Education

15 and the Office of Management and Budget shall jointly

16 develop a 10-year plan to bring up to good condition, as
17 determined by the facilities evaluation process of the De18 partment of the Interior, in compliance with all applicable
19 tribal requirements all of the following Bureau of Indian
20 Education school facilities:
21

(1) An elementary or secondary day or boarding

22

school operated by the Bureau of Indian Education.

23

(2) A school operated pursuant to the Indian

24

Self-Determination and Education Assistance Act

25

(25 U.S.C. 450 et seq.).

JAC16122

S.L.C.

11
1

(3) A tribally controlled school (as defined in

section 5212 of the Tribally Controlled Schools Act

of 1988 (25 U.S.C. 2511)).

(4) A dormitory operated by the Bureau of In-

dian Education for students attending a school other

than a school specified in paragraphs (1) through

(3).

(b) INCLUSIONS.The plan developed under sub-

9 section (a) shall include

10

(1) proposed budget requests and timelines; and

11

(2) additional factors such as increasing enroll-

12

ment capacities.

13

(c) EFFECT.For the purpose of developing the plan

14 under subsection (a) only, section 1125(a)(5) of the Edu15 cation Amendments of 1978 (25 U.S.C. 2005(a)(5)) shall
16 not apply.
17

(d) REPORT.As soon as practicable after comple-

18 tion of the plan developed under subsection (a), the Sec19 retary shall submit a report describing the plan to
20

(1) the Subcommittee on Interior, Environment,

21

and Related Agencies of the Committee on Appro-

22

priations of the Senate;

23
24

(2) the Committee on Indian Affairs of the Senate;

JAC16122

S.L.C.

12
1

(3) the Subcommittee on Interior, Environment,

and Related Agencies of the Committee on Appro-

priations of the House of Representatives; and

4
5
6
7

(4) the Committee on Natural Resources of the

House of Representatives.
SEC. 7. GAO REPORT.

Not later than 1 year after the date of enactment

8 of this Act, the Comptroller General of the United States

9 shall submit to Congress a comprehensive report describ10 ing the implementation of section 8007 of the Elementary
11 and Secondary Education Act of 1965 (as in effect on De12 cember 9, 2015) for fiscal years preceding fiscal year
13 2017, and section 7007 of the Elementary and Secondary
14 Education Act of 1965 (as in effect for fiscal year 2017),
15 for fiscal year 2017 and subsequent fiscal years, that
16

(1) evaluates the adequacy of the distribution of

17

payments between subparagraphs (A) and (B) of

18

subsection (a)(3) of those sections;

19

(2) evaluates unmet need; and

20

(3) determines the age, condition, and remain-

21

ing utility of school facilities (as the term is defined

22

in section 7013 of that Act (as in effect for fiscal

23

year 2017)) for those local educational agencies en-

24

rolling students described in section 7003(a)(1)(C)

JAC16122

S.L.C.

13
1

of that Act (as so in effect) that are eligible to re-

ceive a basic support payment under

(A) section 8003(b) of that Act (as in ef-

fect on December 9, 2015) for fiscal years pre-

ceding fiscal year 2017; and

(B) section 7003(b) of that Act (as in ef-

fect for fiscal year 2017) for fiscal year 2017

and subsequent fiscal years.